HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3092 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. D.R. Chaudhary, learned counsel, holding the brief of Mr. Pradeep Kumar Singh and Mr. Shiva Kant Srivastava, learned counsel for the petitioner, Mr. Hari Mohan Srivastava, learned Addl. C.S.C. for the state- respondents and Sri Rameshwar Prasad Shukla, learned counsel fore the respondent-gaon sabha. 2. The instant Public Interest Litigation (P.I.L.) has been filed for the following reliefs:- "A) Issue a suitable Writ, Order, or Direction in the nature of Mandamus directing the respondent nos. 3 and 4 to remove the encroachment done by Respondent No. 7 to 15 on public utility land being Plot No. 881 area 0.8170 Hectare, recorded as "Navin Parti" (Reserved for Harizan Abadi) in relevant revenue record of Village Nonari, Tehsil Martinganj, District Azamgarh in compliance of order Dated 16.01.2024 passed by Respondent No. 3 in Case No. 2838-2845 of 2024 and order Dated 15.12.2023 passed in Case No.2484 of 2023, under Section 67 of U.P. Revenue Code 2006 and submit its compliance report before Hon'ble Court." 3. Instruction dated 6.10.2025 sent by the Tehsildar, Martinganj, Azamgarh is taken on record. 4. Counsel for the petitioner submitted that in spite of the order passed by the Tehsildar for ejectment and damages in respect to the plot in question, the order has not been given effect to. He submitted that appropriate direction be issued for removal of illegal encroachment from the plot in question in pursuance of the order passed for ejectment and damages. Versus Counsel for Petitioner(s) : Pradeep Kumar Singh, Shiva Kant Srivastava Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Vinod Kumar .....Petitioner(s) State Of U.P. And 14 Other .....Respondent(s) 5. Learned Addl. C.S.C. on the basis of the instruction dated 6.10.2025 submitted that the order under Section 67 of the U.P. Revenue Code, 2006 has been passed on 10.1.2024 by the Tehsildar against the private respondents in respect to plot no.881. He further submitted that restoration application filed by the private respondents against whom the order for ejectment and damages was passed, is pending. He further submitted that the petitioner is claiming right on the basis of allotment and proceeding for cancellation of lease under Section 66 of the U.P. Revenue Code, 2006 initiated by one Deep Chand is pending before the court concerned. He submitted that the instant P.I.L. has not been filed in public interest and the same be dismissed. 6. I have considered the arguments advanced by learned counsel for the parties and perused the records. 7. There is no dispute about the fact that the order for ejectment and damages has been passed by the Tehsildar in respect to the plot in question on 10.1.2024. There is also no dispute about the fact that proceeding for cancellation of petitioner's lease in respect to plot in question is also pending before the Chief Revenue Officer. 8. For execution of the order passed under Section 67 of the U.P. Revenue Code, 2006, remedy is provided under paragraph 460 of the U.P. Revenue Court Manual, as such, the instant P.I.L. cannot be maintained for implementation of the order passed in the proceeding under Section 67 of the U.P. Revenue Code, 2006. 9. The P.I.L. is accordingly dismissed with observation that proper proceeding can be initiated in accordance with law, according to the provision contained under Para 460 of the U.P. Revenue Court Manual. October 14, 2025 C.Prakash WPIL No. 3092 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad